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Employee Rights Hospitals

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
Health Care Compliance Association (HCCA)

‘Do the Best’ But Mind the Myriad Laws: Grappling With COVID Vaccination Issues

Report on Patient Privacy 21, no. 6 (June 2021) - ...So begins the provocative lawsuit filed against Methodist Hospital System in Houston by 117 employees who do not want to be vaccinated against COVID-19. Despite the...more

Polsinelli

California Hospitals Cannot Use an Exclusive Contract to do an End-Run around a Medical Staff Member’s Right to Notice and a Fair...

Polsinelli on

Economy v. Sutter East Bay Hospitals (Feb. 4, 2019, A150211, A150738, A150962) __ Cal.App.5th __ [2019 WL 422346] - The California First District Court of Appeal has addressed an issue often dealt with by hospitals with...more

Fisher Phillips

3.8 Million Reasons Why Proper Process in Physician Discipline Matters

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Any avid watcher of medical dramas would tell you that a hospital always has the ability to cut ties with any doctor who is not up to snuff. (For podcast fans we highly recommend Dr. Death.) They would tell you this is...more

McGuireWoods LLP

NLRB Voids Hospital ID Policy that Bans Union Insignia Without Regard to Patient Visibility

McGuireWoods LLP on

In Long Beach Memorial Medical Center, Inc., 366 NLRB No. 66 (April 20, 2018), the Board ruled that the hospital employer’s prohibition of non-approved pins and badges was unlawfully overbroad. As a general rule, employees...more

Davis Wright Tremaine LLP

Last Gasp for Narrow Rules Review? NLRB Holds Hospital Badge Policy Unlawfully Prevented Employees From Wearing Union Insignia

Long Beach Memorial Medical Center (called “MHS”), an acute care hospital, had a policy for direct care providers that stated “[identification] badge reels may only be branded with [MHS] approved logos or text.” A 2-1...more

Fisher Phillips

Healthcare Employers Rejoice? Recent Shift In NLRB Decisions Impacts The Industry

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A new Republican majority took hold over the National Labor Relations Board (NLRB) at the end of 2017, leading to several significant labor decisions. Because the NLRB’s decisions and actions impact all industries, healthcare...more

Franczek P.C.

NLRB Permits Off-Duty Employees to Picket on Employer Property

Franczek P.C. on

An employer’s ability to prohibit picketing on its property was dealt a serious blow when the National Labor Relations Board (NLRB) recently ruled in Capital Medical Center that an acute care hospital violated Section 8(a)(1)...more

Troutman Pepper

Third Circuit Affirms Dismissal of FLSA Overtime Claims in Hospital Meal Break Cases

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On August 26, the United States Court of Appeals for the Third Circuit affirmed the District Court’s dismissal of the Fair Labor Standards Act (FLSA) overtime claims brought against a myriad of health care systems and their...more

FordHarrison

Healthcare Employers Must Be Consistent When Restricting Union Buttons and Other Insignia

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The National Labor Relations Board ("NLRB" or "Board") recently held that a healthcare employer violated the National Labor Relations Act (NLRA) by prohibiting employees from wearing union protest stickers. See HealthBridge...more

Mintz - Employment, Labor & Benefits...

Over Hill, Over Dale, the NLRB Pens Another Cautionary Tale: Board Strikes Down Work Rules Prohibiting Negativity and Gossip

The NLRB is back at it, finding last week in Hills and Dales General Hospital, that seemingly innocuous policies prohibiting negativity and gossip in the workplace and requiring employees to represent their employer in a...more

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